In almost total secrecy, the Obama Justice Department has charged a U.S. Border Patrol agent, Luis Fonseca, for depriving the rights of a yet to be identified illegal alien at the Border Patrol station located on Imperial Beach, California, last July. Fonseca, however, was not indicted until a week ago.

Agent Fonseca, 32, allegedly kneed and choked an unidentified alien during his tour near the Mexican border last summer. During his arraignment on Monday April 16, he entered a not guilty plea.

A grand jury had handed down the indictment on April 12, but details were withheld and the DOJ neglected to promulgate why the legal action was taken against the Border Patrol agent, according to an "Inside-the-Beltway" public-interest group that investigates and exposes government corruption and misconduct.

"Border Patrol Agent Fonseca kneed and choked an unidentified alien, depriving him of the right under the Constitution and the laws of the United States to be free from use of unreasonable force by a law enforcement officer," the U.S. Attorney's Office said in a statement.

According to Department of Justices records, a federal grand jury indicted Fonseca on a single charge of deprivation of rights under color of law. The charge, a civil rights violation, carries a maximum sentence of 10 years imprisonment.

The Contitution and Bill of Rights does not mention any protections for illegal aliens. Because of that, law enforcement and courts do not have to protect the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th or even 8th Amendment rights of illegal aliens.

The Fourth Amendment provides protection for "the People," so you may have an argument there.

The First Amendment says that Congress shall make no law prohibiting the free exercise of religion, without specifying who is protected. Is it your view that Congress could pass a law saying that every alien in the United States must convert to Mormonism or be executed without trial?

The Eighth Amendment says that no cruel or unusual punishments shall be imposed, but doesn't say on whom. Is it your view that Congress could pass a law saying that every illegal alien in the United States shall have their genitalia cut off and then be boiled in hot fat?

Oh please. Stop already. Why are they called ‘civil’ rights instead of ‘legal’ rights or ‘human’ rights? Isn’t it shocking that ‘rights’ are AMENDMENTS not originally included? Why did they have to be added?

Prior to the Obama regeme, I do not recall any instance of federal or state police or courts granting constitutional rights to illegal aliens.

More than 100 years before Obama's election, the Supreme Court ruled that the 14th Amendment's requirement, "Nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws," applied to all persons "without regard to any differences of race, of color, or of nationality," including "an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here." Kaoru Yamataya v. Fisher, 189 U.S. 86 (1903) (emphasis added).

Prior to the Obama regeme, I do not recall any instance of federal or state police or courts granting constitutional rights to illegal aliens.

More than 100 years before Obama's election, the Supreme Court ruled that the 14th Amendment's requirement, "Nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws," applied to all persons "without regard to any differences of race, of color, or of nationality," including "an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here." Kaoru Yamataya v. Fisher, 189 U.S. 86 (1903) (emphasis added).

When they protest our laws openly blocking streets, and shutting down businesses and schools, they call it exercising the 1st Amendment. Don’t get me started about raising the Mexican flag above our own National Standard. Or burning the same.

One day, they will make a successful argument that the 2nd Amendment applies to them as well.

Only in America can armed people cross our border, squat, take resources and be called refugees.

In any other SANE nation, they would be called invaders.

28
posted on 04/20/2012 5:32:36 PM PDT
by Molon Labbie
(A Bounty on Zimmerman, Can Be A Bounty On ANYONE. No NBPP Mob Justice!)

I think the issue here though is the neutering of BP. There was an illegal a while back who attacked and resisted BP, was tasered multiple times - and later died. It was investigated and no one was indicted. In this case I smell an election cycle bone to La Raza & co. Assuming this criminal was resisting, is getting kneed and put in a chokehold a violation of civil rights? really? Can this illegal then turn around and file a civil suit against the agent if the Feds convict him?

Assuming this criminal was resisting, is getting kneed and put in a chokehold a violation of civil rights? really?

No. The prosecution will have to prove to a jury, beyond a reasonable doubt, that he was not resisting. Since they haven't identified the alleged victim, either they have good videotape, or the case goes bye-bye.

Can this illegal then turn around and file a civil suit against the agent if the Feds convict him?

If he's convicted, I suspect yes. (There may be immunity issues, but that's beyond my legal expertise.) But if the agent isn't convicted, no.

The author of the 14th Amendment Citizenship Clause, Senator Jacob M. Howard, stated, in reference to the Amendment, This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the family of ambassadors, or foreign ministers accredited to the Government of the United States, but will include every other class of persons."

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Hmmm..We the People of the United States....to ourselves.....

You know I'm not seeing anything about illegal aliens here.... Where exactly did the founders of this nation guarantee constitutional rights to illegal aliens?

You quoted the citizenship clause of the 14th Amendment, which obviously doesn't apply to aliens, legal or otherwise. The due process clause of the 14th Amendment applies-- by its explicit language-- to "persons," not "citizens." The fact that the same amendment uses two different terms in different clauses means that the due process clause does apply to illegal aliens--as the Supreme Court held in 1903. (They had previously held that due process applies to legal aliens in Yick Wo v. Hopkins in 1886).

I provided a statement by the author of the 14th amendment that specifically denies illegal aliens are protectred by the 14th amendment. You can’t get more clear. Obviously your cited court decision is wrong.

I provided a statement by the author of the 14th amendment that specifically denies illegal aliens are protectred by the 14th amendment.

You did not. You provided provided a statement by the author of the 14th amendment that specifies that illegal aliens are not protected by, in his words, "the Citizenship Clause" of the 14th amendment. Granted; illegal aliens are not "citizens."

But the Citizenship Clause is not the only clause in the 14th Amendment. The Due Process Clause of the 14th Amendment, by distinction, protects not "citizens" but "any person." Aren't illegal aliens "persons"? Or are they vegetables? Or animals?

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